News & Analysis as of

Infringement

German Supreme Court remains claimant-friendly on cease and desist orders

by Hogan Lovells on

Another milestone for cease and desist orders has been reached in Germany. The German Federal Supreme Court has clarified in a number of decisions that defendants in cease and desist orders not only have to cease the...more

IP Protection in the Fashion and Apparel Industry (Part 1)

by Field Law on

Complex technology like blockchain is in fashion. What about IP protection for seemingly simple items like shirts, shoes and undergarments? As competitors jostle for position in the fashion and apparel marketplace, how do...more

“Sleevey Wonders” are “Arm Tight” in California Lawsuit

by Dorsey & Whitney LLP on

The women’s hosiery powerhouse, Spanx, is being sued for allegedly copying designs of a small shapewear company (R and A Synergy, LLC, v. Spanx, Inc., (C.D. Cal. 2017)). In the Complaint filed on December 21, 2017 in the...more

Insta-worthy or Insta-infringement

by DLA Piper on

Today’s means of communication is ever more dependent on social media. Whether you’re an individual, a onewoman shop, a fortune-500 company, or even the President of the United States, social media is the fastest and easiest...more

Local Drone Law Preempted

by Snell & Wilmer on

On September 21, 2017, in what is believed to be the first federal court ruling on the issue of local drone regulation, the United States District Court for the District of Massachusetts in Singer v. City of Newton,...more

Claim to Gel Formulation Not Obvious Over Prior Art Liquid Formulation

by McDermott Will & Emery on

Addressing the issue of whether a topical gel with an increased concentration of active ingredient would have been obvious over a prior art liquid product, the US District Court for the District of New Jersey concluded that...more

How Trademarks, Copyrights, And Patents Protect Your Business

by Fraser Trebilcock on

Your intellectual assets are some of the most powerful resources your business has. These assets separate your business from your competition and make you unique – as long as they are protected. Trademarks, copyrights, and...more

China Customs Initiates the “Longteng Action” Against IPR Infringing Exports (IRB No. 567)

by Bryan Cave on

Multinationals have come to realize that protecting intellectual property rights (“IPR”) with the assistance of the customs authorities is a key to success for their overall IPR protection in China. Recently, China Customs...more

Retail and Consumer Products Law Roundup - September 2017

NLRB Upholds Retailer’s Rules on Confidential Customer Information - Why it matters - Macy’s rules prohibiting the disclosure of confidential customer information didn’t violate Section 8 of the National Labor Relations...more

UK Competition Regulator investigates home insurance price comparison website for “stifling competition” through use of Most...

by Bryan Cave on

The CMA ,the UK’s main competition regulator, launched an investigation on 26th September 2017 into home insurance price comparison website, compare the market.com, over its use of most favoured nation clauses and whether...more

Pfizer and Flynn Pharma fined €101 million for charging the UK health service excessive prices for Phenytoin sodium capsules, an...

by Dechert LLP on

The UK Competition and Markets Authority (“CMA”) recently published its infringement decision of 7 December 2016 that imposed a fine on Pfizer and Flynn Pharma (“Flynn”) for abusing their respective dominant positions by...more

A Kind Demand Letter? Stranger Things Have Happened (Apologies)

Chicago pop-up bar “The Upside Down” rode a wave of popularity program all the way to Netflix’s legal department. And that’s where things took an unexpected turn!...more

The IP Cons of Fan Conventions

Pop culture fan conventions are huge in the new millennium. “Cons,” as they are often called, have sprung up all over the country and grown into a massive cultural phenomenon. There are Cons for comics, movie and television...more

The Threat Of Counterfeits Via Social Media Drives Major Investigation From British Government

by Ladas & Parry LLP on

On September 4, 2017, the British government released a detailed study that investigated the impact of social media on counterfeit trade. The report highlights the complexity of trying to quantify recent levels of...more

Principle of economic succession in private enforcement to come under Supreme Court´s scrutiny

by DLA Piper on

In October 2016, the Appeal Court of Helsinki, altering the judgement of Helsinki District Court, held that certain companies, which had acquired the business or equity of asphalt cartel companies after the infringement had...more

Connecting the Dots: Key Developments and Best Practices for Evaluating Privacy and Security Risks in IoT Investments

by Shearman & Sterling LLP on

The market for internet-connected devices (often referred to as the Internet of Things, or IoT) is growing rapidly. Investment in this burgeoning space can be attractive, and according to research firm IDC, the worldwide...more

Intellectual Property 101: What It Is and Why I Should Protect It

by Varnum LLP on

Startups and early stage companies have many things to focus on and worry about, and the protection of intellectual property (IP) is likely not on the top of the list, if it’s on the list at all. Why? Because a business...more

CMA Updates its Penalties Guidance for UK and EU Competition Law Infringements

by Latham & Watkins LLP on

On 2 August 2017, the UK Competition and Markets Authority (CMA) launched a consultation on proposals to amend the Office of Fair Trading’s 2012 guidance as to the appropriate amount of a penalty for infringements of the...more

Sneaker Wars: Adidas Defeats Summary-Judgment Motion That Claimed Stan Smith Shoe Design Lacks Distinctiveness

by Orrick - IP Landscape on

Order Granting in Part and Denying in Part Motion for Summary Judgment, Adidas America Inc. et al. v. Skechers USA Inc., D. Or. (August 3, 2017) (Judge Marco Hernández) - The ever-increasing popularity (and...more

Trade secrets are more important, and trade secret litigation is more common: 7 questions to ask yourself about protecting your...

by DLA Piper on

In today's business environment, trade secrets have become much more important, and trade secret litigation much more common. The trade secret environment we are living in is very different from that of ten years ago, or even...more

The Relevance of Alternative Designs 16 Years After TrafFix

by WilmerHale on

In 2001, the Supreme Court in TrafFix Devices, Inc. v. Marketing Displays, Inc. refined its test for determining whether a product design is functional—and thus ineligible for trade dress protection. 532 U.S. 23, 58...more

Protecting Online Games in China

by Davis Wright Tremaine LLP on

With the exponential growth of online gaming (particularly mobile gaming) in China, more and more western content providers are entering the Chinese gaming market and seeking to protect their businesses in China’s courts...more

Gun-jumping and incomplete notifications: the European Commission pursues several more infringements of EU merger control rules

by Dechert LLP on

The European Commission announced that it sent statement of objections to Merck KGaA, Sigma-Aldrich, General Electric and Canon for alleged breaches of EU merger control rules on 6 July. Merck, Sigma Aldrich and GE have been...more

Implementation of the EU Competition Damages Directive in Belgium

by White & Case LLP on

The Belgian legislature has finally implemented the EU Competition Damages Directive, introducing a new framework that will facilitate injured parties in litigating their competition damages claims before the Belgian courts....more

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

by Carlton Fields on

In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media...more

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